Navigating Car Insurance Claims After a Missouri Accident

Getting in a car accident can be daunting and stressful, particularly when handling insurance claims. In Missouri, it’s crucial to understand the process of filing and navigating a car insurance claim to help ensure you receive fair compensation for your injuries and losses. This guide will walk you through the steps of handling car insurance claims in Missouri, providing valuable insights and tips to help you navigate the process with confidence.

Understanding Missouri’s Car Insurance Laws

Before filing a car accident claim, it’s essential to understand Missouri’s car insurance laws. Missouri is an “at-fault” state, which means the driver responsible for causing the accident is also responsible for covering the resulting losses.

Minimum Insurance Requirements

Missouri law requires all drivers to carry the following minimum liability coverage:

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury
• $25,000 for property damage.

Additionally, Missouri requires uninsured motorist coverage of:

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury.

Note that these are just the minimum requirements. Many drivers opt for higher coverage limits to protect themselves financially in case of a serious accident.

Steps to Take Immediately After a Car Accident

The actions you take immediately following a car accident can significantly impact your insurance claim. Here are the essential steps to follow:

1. Ensure safety: Move to a safe area if possible and check for injuries.
2. Call the police: In Missouri, you’re required to report accidents that result in injury, death, or property damage exceeding $500.
3. Exchange information: Gather contact and insurance details from all parties involved.
4. Document the scene: Take photos of the accident scene, any visible injuries, and the damage to your vehicle.
5. Gather witness information: If there are witnesses, collect their contact information.
6. Seek medical attention: Even if you feel fine, get a medical assessment. Some injuries may not be immediately visible.
7. Contact your insurance company: Report the accident as soon as possible.

Filing a Car Insurance Claim in Missouri

Once you’ve taken care of immediate concerns, it’s time to file your insurance claim. Here’s how to navigate this process:

1. Notify Your Insurance Company

Contact your insurance provider as soon as possible after the accident. Most companies have 24/7 claim reporting services. Be prepared to provide:

• Your policy number
• Date, time, and location of the accident
• Brief description of what happened
• Contact information for other involved parties
• Police report number (if applicable).

2. Work with the Claims Adjuster

Your insurance company will assign a claims adjuster to your case. They will:

• Investigate the accident
• Review police reports and witness statements
• Assess vehicle damage
• Evaluate medical reports if there are injuries.

Cooperate fully with the adjuster, but be cautious about providing recorded statements or signing any documents without legal advice.

3. Determine Fault

Missouri adheres to the “pure comparative fault” insurance system. This means you may still get compensation even if you had some fault in the accident, but the amount you could receive will be reduced by your degree of fault.

4. Negotiate the Settlement

Once the investigation is complete, the insurance company will offer a settlement. Review this offer carefully. If you believe it’s insufficient, you have the right to negotiate. This is where having legal representation can be particularly beneficial.

5. Accept the Settlement or Pursue Legal Action

If you’re satisfied with the settlement offer, you can accept it and close the claim. If not, you may need to consider legal action. In Missouri, you have five years from the date of the accident to file a lawsuit for personal injury or property damage.

Tips for a Smooth Claims Process

To ensure your car insurance claim process goes as smoothly as possible:

• Be honest and thorough: Provide accurate information to your insurance company.
• Keep detailed records: Document all accident-related expenses and communications.
• Don’t rush to settle: Take time to understand the full extent of your damages and injuries.
• Consider legal representation: An experienced attorney can help navigate complex claims and negotiations.
• Understand your policy: Familiarize yourself with your coverage limits and deductibles.
• Be patient: The claims process can take time, especially for complex cases.

When to Seek Legal Help

While many car insurance claims can be handled without legal assistance, there are situations where consulting an attorney is advisable:

• Serious injuries 
• Disputes over fault
• Lowball injury settlement offers
• Denied claims
• Accidents involving uninsured or underinsured motorists
• Complex cases involving multiple parties.

At Shea Kohl Law, we help Missouri residents navigate the complexities of car insurance claims. Our experienced attorneys can provide valuable guidance, negotiate with insurance companies on your behalf, and help you seek fair compensation for your losses.

FAQ: Navigating Car Insurance Claims After a Missouri Accident

How long do I have to file a car insurance claim in Missouri?

In Missouri, you generally have five years from the date of the accident to file a lawsuit for personal injury or property damage. However, it’s crucial to report the accident to your insurance company as soon as possible, typically within 24 to 72 hours. Most insurance policies require prompt reporting of accidents as a condition of coverage.

While you have a generous timeframe to file a lawsuit, it’s not advisable to wait that long to file an insurance claim. Delaying your claim can make it more challenging to gather evidence, locate witnesses, and accurately recall details of the accident. Additionally, some insurance policies may have specific timeframes for reporting accidents, and failing to adhere to these could potentially jeopardize your claim.

It’s always best to initiate the claims process as soon as you’re able after the accident. This ensures that the incident is fresh in everyone’s mind, evidence is preserved, and you’re not at risk of missing any deadlines set by your insurance policy.

What if the other driver doesn’t have insurance?

If you’re involved in an accident with an uninsured driver in Missouri, you have several options:

• Use your uninsured motorist coverage: Missouri law requires all auto insurance policies to include uninsured motorist coverage. This coverage is designed to protect you in situations where the at-fault driver doesn’t have insurance. It typically covers medical expenses, lost wages, and pain and suffering up to your policy limits.
• File a personal injury lawsuit: You can sue the uninsured driver directly. However, keep in mind that if they don’t have insurance, they may not have significant assets to cover your damages.
• Use your collision coverage: If you have collision coverage on your policy, you can use this to cover damage to your vehicle, regardless of who was at fault. You’ll typically need to pay your deductible, but your insurance company may try to recover this from the uninsured driver.
• Use your Medical Payments coverage: If you have this optional coverage, it can help pay for your medical expenses regardless of who was at fault.
• Explore other sources of compensation: In some cases, there might be other parties partially responsible for the accident (for example, a vehicle manufacturer if a defect contributed to the crash). An experienced attorney can help identify all potential sources of compensation.

Remember, driving without insurance is illegal in Missouri. If you’re hit by an uninsured driver, report this to the police and the Missouri Department of Revenue. The uninsured driver may face penalties, including license suspension and fines.

How does Missouri’s comparative fault system affect my claim?

Missouri follows the “pure comparative fault” doctrine, which can significantly impact your car insurance claim. Under this system, you can claim damages even if you were partially at fault for the accident, but your compensation will be reduced based on your percentage of fault.

Here’s how it works:

1. Fault determination: After an accident, insurance adjusters (or a court, if the case goes to trial) will determine each party’s percentage of fault based on the evidence.
2. Compensation calculation: Your total compensation will be reduced by your share of fault. For example, if your damages are $100,000, but you’re found to be 30% at fault, you would be eligible to recover $70,000 (70% of the total damages).
3. No fault threshold: Unlike some states with “modified comparative fault” systems, Missouri’s pure comparative fault system allows you to seek damages even if you’re 99% at fault.

This system can complicate insurance claims, as both parties may try to shift more blame to the other to increase their potential compensation. Insurance companies often use this system to justify lower settlement offers.

It’s important to gather as much evidence as possible to support your version of events and minimize your percentage of fault. This might include police reports, witness statements, photos of the accident scene, and expert testimony. An experienced attorney can help protect your rights by presenting your case in the most favorable light and negotiating well with insurance companies.

What should I do if the insurance company denies my claim?

If an insurance company denies your claim after a Missouri car accident, don’t lose hope. You have several options:

• Request a detailed explanation: Ask the insurance company for a written explanation of why your claim was denied. This can help you understand their reasoning and identify any potential misunderstandings or errors.
• Review your policy: Carefully read through your insurance policy to ensure the denial aligns with your coverage terms. Insurance policies can be complex, so consider having an attorney review it with you.
• Appeal the decision: Most insurance companies have an appeals process. Follow their procedures to contest the denial, providing any additional evidence or information that supports your claim.
• Seek legal representation: An experienced car accident attorney can review your case, communicate with the insurance company on your behalf, and advise you on the best course of action. They may be able to negotiate with the insurer or, if necessary, file a lawsuit to pursue your claim.
• File a complaint: If you believe the denial is unjustified, you can file a complaint with the Missouri Department of Insurance, Financial Institutions and Professional Registration. They can investigate whether the insurance company is acting in bad faith.
• Consider mediation: Some insurance companies offer mediation services to resolve disputes. This can be a less adversarial way to address your claim denial.
• File a lawsuit: If you have exhausted all other options and if you have cause, you may need to file a lawsuit against the insurance company. In Missouri, you generally have five years from the date of the accident to file a lawsuit for personal injury or property damage.

Insurance companies are businesses focused on minimizing payouts. Sometimes, they may deny claims hoping that claimants will simply give up. Don’t be discouraged by an initial denial. With persistence and the right approach, you may be able to overturn the decision and receive the compensation you deserve.

How can I maximize my car insurance claim in Missouri?

Maximizing your car insurance claim in Missouri requires careful preparation and strategic actions. Here are some key steps to help ensure you receive fair compensation:

1. Document everything: Keep detailed records of the accident, including photos of the scene and damage, police reports, witness statements, and all related expenses (medical bills, repair costs, rental car fees, and the like).
2. Seek prompt medical attention: Even if you feel fine, get checked out by a healthcare professional. Some injuries may not be immediately apparent, and having medical records from soon after the accident can strengthen your claim.
3. Don’t rush to settle: Insurance companies often offer quick settlements that may be lower than what you deserve. Take time to understand the full extent of your damages and injuries before accepting any offers.
4. Calculate all damages: Consider both economic (medical bills, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress). An experienced attorney can help ensure you’re not overlooking any potential areas of compensation.
5. Consider future impacts: If you’ve suffered severe injuries, consider potential future medical expenses and long-term impacts on your earning capacity.
6. Be cautious with statements: Be careful about what you say to insurance adjusters. Avoid admitting fault or downplaying your injuries. Consider having an attorney handle communications with the insurance company.
7. Understand comparative fault: Missouri’s pure comparative fault system means your compensation can be reduced by your amount of fault. Gather evidence to minimize your perceived fault in the accident.
8. Negotiate: Don’t be afraid to counter the insurance company’s initial offer. Provide evidence to support your claim for higher compensation.
9. Be aware of policy limits: Understand the coverage limits of both your policy and the at-fault driver’s policy. If damages exceed these limits, you may need to explore other options for compensation.
10. Consider legal representation: An experienced car accident attorney can navigate the complexities of insurance claims, negotiate effectively with insurance companies, and ensure you’re seeking the maximum compensation available under the law.

By being thorough, patient, and strategic in your approach, you can improve your chances of receiving fair compensation for your damages and injuries.

If You’re Unsure About Your Missouri Car Accident Inury Claim or Are Not Being Treated Fairly, Call Shea Kohl Law

Navigating car insurance injury claims after a Missouri accident doesn’t have to be an overwhelming process. By understanding your rights, following the proper steps, and knowing when to seek professional help, you can effectively manage your claim and focus on recovery.

If you’re in doubt about your claim or feel you’re not being treated fairly by an insurance company, reach out to the experienced personal injury attorneys at Shea Kohl Law. With over 100 years of experience under our belt, we are intimately familiar with the Missouri insurance system and can navigate it efficiently on your behalf. Our attorneys are seasoned trial lawyers as well, which is an advantage when negotiating with insurers. 

For personalized assistance with your car insurance claim, contact Shea Kohl Law at (636) 946-9999. Your consultation is free, so you have access to top-quality legal help with our law firm.